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Bonite vs. Zosa [Concurring, MELENCIO-HERRERA, J.]

FRANCISCO BONITE, CANDIDO BONITE, VENECIA BONITE, CONSTANCIO BONITE, ERNESTO BONITE, ANGELINA BONITE, MARIA BONITE and JUANITA BONITE, for herself and for her minor children namely: NADIJA BONITE, NERIO BONITE, FELIX BONITE and MARIA FEDILA BONITE, petitioners, vs. HON. MARIANO A. ZOSA, Presiding Judge, Court of First Instance of Misamis Occidental, 16th Judicial District, Branch III and ELIGIO ABAMONGA, respondents.

G.R. No. L-33772 | 1988-06-20

Separate Opinions

MELENCIO-HERRERA, J., concurring:

I concur but, in my opinion, the following distinction should be made. If there has been active participation in the prosecution of a criminal case by the offended party, the civil action arising from the crime is deemed to have been also brought in the criminal case. Consequently, a judgment finding the accused guilty and granting him damages is binding upon the offended party and he may not thereafter file a separate civil action under Article 33 of the Civil Code (Roa vs. de la Cruz, 107 Phil. 8). This is so because the civil action for damages which Article 33 allows to be instituted is...